Norton Amendment Banning Electronic Cigarettes on Airplanes Spurs DOT Final Rule Explicitly Banning Electronic Cigarettes on Commercial Flights

WASHINGTON, D.C.—Congresswoman Eleanor Holmes Norton (D-DC) said that the momentum generated by strong bipartisan passage of her amendment prohibiting the use of electronic cigarettes and vaping devices for smoking on airplanes has pushed the Department of Transportation (DOT) to follow suit and issue a final rule that explicitly bans the use of electronic cigarettes on commercial flights. Norton’s amendment was passed last month as part of the Transportation and Infrastructure Committee’s bill to reauthorize the Federal Aviation Administration (FAA). At the markup, Norton complained that DOT had first issued a Notice of Proposed Rulemaking (NPRM) in 2011 to ban the use of these devices on commercial airplanes, but had failed to make additional progress. The rule appeared to be stuck until passage of Norton’s amendment generated attention and bipartisan support for the ban. Norton was particularly pleased that the DOT rule was finalized because final passage of the FAA reauthorization bill containing Norton’s amendment is not assured.

“Just last week, we saw frightening footage of an electronic cigarette battery exploding in a man's pocket, causing second degree burns,” Norton said. “If such a fire occurred on an airplane, it could be catastrophic, which is why DOT had previously issued a rule prohibited electronic cigarettes in checked baggage. In any case, smoking was banned on airplanes more than 25 years ago. I believe this case should have been closed long ago.”